Congress passed the Energy Employees Occupational Illness Compensation Program Act (EEOICPA), effective July 1, 2001, to provide compensation to workers and their survivors who have developed certain illnesses as a result of exposure to radioactive and toxic substances while employed by the Department of Energy or one of its contractors or subcontractors in the nuclear weapons industry. The total
compensation available to claimants and their survivors is between $150,000 and $400,000. The claim for compensation is made to the Department of Labor. The Department of Labor adjudicates the claim with the assistance of the National Institute of Occupational Safety and Health (NIOSH) as well as Contract Medical Consultants (CMCs), Toxicologists and Industrial Hygienists. Many workers were exposed to radiation and other illnesses while engaged in the manufacture and testing of atomic weapons or in the handling of wastes generated during their production. Workers diagnosed with cancer, beryllium disease and/or silicosis are eligible to receive $150,000 if their illness is found to have been caused by exposure to radiation, beryllium or silica under Part B of the Act. The potential that radiation caused a worker's cancer is assessed by the National Institute of Occupational Safety and Health (NIOSH). A health physicist performs what is known as a dose reconstruction. A dose reconstruction is an estimate of the amount of radiation to which a worker was exposed. Once the estimate is performed and a total amount of radiation is calculated in Rem, the unit of measure of radiation used by NIOSH health physicists, that number is run through a statistical model which calculates a probability of causation (POC) based on the amount of radiation exposure, the type of cancer and certain other variables. If the POC is greater than 50%, the claim is compensated under Part B and the worker or survivor(s) receive $150,000 and favorable federal medical benefits for the cancer. Part E of the program is generally available only to workers who worked at facilities owned by the Department of Energy (DOE), known predictably as DOE facilities. Privately owned facilities which had contracts with DOE related to nuclear weapons production are known as Atomic Weapons Employers (AWEs) and Beryllium Vendors (BVs). AWE and BV workers and their survivors are not eligible for Part E benefits under the program but are limited to Part B benefits. DOE workers and their survivors who qualify for benefits under Part B automatically qualify under Part E. Part E lump sum compensation is capped at $250,000. Part E benefits include Impairment benefits and Lost Wages. Impairment benefits are based on a whole person impairment rating performed by a qualified impairment doctor and based on the Fifth Edition of the AMA Guide to Whole Person Impairment. Lost Wages are paid to those workers who were disabled by the qualified illness or condition and have not reached full social security retirement age. Lost wages are capped at $15,000 per year. Part E unlike Part B is not limited to cancer, beryllium disease and silicosis. Any illness or condition that is caused by, contributed to or aggravated by occupational exposure to a hazardous or toxic substance at a covered facility can be accepted for compensation. These claims usually require that a doctor, preferably an occupational doctor write a detailed and compelling letter or report diagnosing the relevant illness or condition but also connecting that illness or condition to the worker's occupational exposure. A letter from a treating physician that describes a general belief in the likelihood of a connection or that is equivocal or uses language like "might be" connected or "could be" connected is not useful. We assist claimants with their claims by filing initial claims, objecting to recommended denials of claims, reopening denied claims with new evidence or argument. Our fees are set by statute and are limited to 2% of an initial claim and 10% of a claim that is recommended for denial and ultimately paid. There are no statutory limits on a claim that has been closed after a final decision but we continue to limit our fees to the additional 10% of what the claimant(s) receive. Our fee is paid after the claimant(s) receive(s) his or her lump sum compensation by the claimant(s). No fee is paid by the claimant(s) unless compensation is paid. A claimant is only required to pay our fee after receiving the compensation from the Department of Labor. Please call my cell phone if there is any way I can help with your claim (716) 208 - three five two five (3525).
